Penal Code, 1860–Secs. 302 & 201–Code of Criminal Procedure, 1973–Secs. 31 & 220–Trial Court awarded the sentence without complying the mandates of Sec. 31 Cr.P.C.–Defect pointed out during the appeal goes to the root of case–Accused was called upon in person–Case is remitted to trial Court for hearing and pass a fresh order on sentence–Appeal is kept pending.
